The Enforcement Directorate (ED), which is opposing state minister Nawab Malik's appeal challenging his detention, has indicated in its preliminary reply document that it is investigating the
NCP leader in "two more cases relating to D-Company." The ED has filed a response to Malik's habeas corpus (present a person in court) petition challenging the investigative agency's "illegal" arrest.
The ED has denied Malik's claims that he was arrested illegally and that his arrest was "politically motivated," saying in its affidavit that it is a "responsible and independent agency" that operated in "compliance with the law" in detaining Malik. Malik had "active involvement in terror funding" tied to a land deal in 1999 with underworld don Dawood Ibrahim's sister, Haseena Parkar, according to an affidavit filed by Niraj Kumar, Assistant Director, ED. Furthermore, the investigative agency claimed to have eyewitness testimony and other proof to back up its assertions.
Money laundering was a continuing offence, according to the ED document, and a serious one at that. As a result, it was legal to use the provisions of the Prevention of Money Laundering Act (PMLA) against Malik, even if it was done retroactively. ED has asked for the petition to be dismissed, claiming that a habeas corpus petition was "untenable" because Malik was remanded to the agency's custody and then judicial custody by a competent court via judicial order.
"It is respectfully urged that this court is happy to reject this writ petition..., The petition is not only not maintainable, but also a stratagem by the petitioner (Malik) to derail the investigation," the affidavit added. The ED apprehended Malik on February 23 after more than seven hours of questioning. According to the ED, Malik plotted a criminal conspiracy with Dawood Ibrahim's assistants Haseena Parker, Salim Patel, and Sardar Khan to usurp Munira Plumber's ancestral property in Kurla, which has a current market worth of roughly Rs 300 crore. As a result, it claimed that the money was obtained through criminal activity.
After his detention, Malik was sentenced to judicial custody by a special court on Monday. On Monday, a division bench led by Justice PB Varale delayed Malik's plea due to a lack of time. Amit Desai, the minister's lawyer, requested an urgent hearing, claiming that the minister had been detained since February 23.
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